ZERO DRAFT ANALYSIS
On 5 February 2018, the ambassadors of Switzerland and Mexico to the United Nations, who had been delegated by the General Assembly, submitted the ZERO DRAFT FOR SAFE, ORDERLY, AND REGULAR MIGRATION.
- A document that reaffirms the obligation to respect and protect the Human Rights of all migrants, regardless of their status, at every stage of the migratory journey 
- A document that builds on all existing international texts on migration, recalling that the objective is to enter an implementation phase  that will begin with the adoption of the Global Compact but will extend into the long term 
- A document that is based on 10 principles: people centred; international cooperation; national sovereignty; rule of law and due process; sustainable development; human rights; gender-responsive; child-sensitive; whole-of-government approach; whole-of-society approach
- A document that sets out 22 objectives, each accompanied by proposals for concrete measures that can be implemented, 166 in total.
Each of the 22 objectives is presented in a few lines with an explanatory heading. This presentation begins with "we commit to". While the Global Compact is not binding, its terms entail a strong responsibility.
The concrete measures set out to achieve the objective are numerous and detailed. They have the merit of giving substance to the objective they support. Qualified as "instrumental" in the document, they are operational.
II. Key messages
It is important to highlight the key messages that emerge on reading this text regarding the recommendations made by Secours Catholique - Caritas France in its advocacy document For the dignity and access to fundamental rights of migrants and by other international actors .
Combatting the causes of migration and implementation of the 2030 Agenda
States would undertake to combat the causes of forced migration , primarily by committing themselves to implementation of the 2030 Agenda sustainable development goals. Environmental degradation is strongly emphasised as being a cause of forced migration that must be combatted.
Respect for migrants' fundamental rights
States would (re)commit themselves to respect the fundamental rights of all migrants, regardless of their status, at every stage of the migration process.
In Objective 7, States would commit themselves to ensuring that human rights are at the centre of their efforts, and to providing specific protection and assistance to migrants, who often face particular, multiple and cumulative vulnerabilities.
In Objective 6, States would also undertake to combat the exploitation of migrant workers and guarantee decent working conditions.
Finally, the document refers to respect for the best interests of the child and the need for a "gender" approach in the implementation of migration policies.
Access to basic services for migrants
Objective 15 deals with access to basic services for migrants, regardless of their status, which enables them to enjoy their fundamental rights, such as access to healthcare, education, housing and social protection . Objective 22 specifically regards the portability from one country to another of the various social security entitlements  (healthcare, retirement).
States would undertake to implement non-discriminatory policies and to remove existing barriers that prevent migrants from accessing these services, in particular by providing them with identity documents and establishing "firewalls" between social services and immigration services (Objective 4).
Legal migration channels
Objective 5 regards the implementation of legal migration channels for any consideration (work, education, family and protection) .
However, this objective mainly focuses on the implementation of legal migration channels for migrant workers. Indeed, of the eight explanatory paragraphs, six deal with various aspects of the labour market, with the aim of adapting migration to needs and opportunities.
One paragraph (§19 g) deals with family reunification at all skill levels, and provides for the removal of barriers (language, income, length of stay, etc.).
Finally, one paragraph (§19 f) deals with temporary or permanent protection and reception programmes for people compelled to leave their country without the possibility of returning due to climatic or other types of disaster.
For States, this commitment to implementing legal channels would translate into issuing visas or work permits, removing existing barriers to access certain legal migration channels (§18 c), and also informing migrants about legal migration possibilities (§17 a, c). The regularisation of migrants in order to promote their integration is also mentioned (§30 g).
The positive contribution of migrants
Like the Report of the Secretary-General: Making Migration Work for All, the document emphasises that migration can be positive for the countries of origin and arrival, and the migrants themselves. .
In this context, States would undertake to establish all the conditions that would enable migrants to enrich host societies with their economic, social and human capacities .
This primarily includes integration policies (Objective 16); recognition of diplomas and qualifications (Objective 18); recognition of and support for the role played by diasporas in development (Objective 19); and the facilitation and reduction of costs for sending remittances (Objective 20).
States would also undertake to gather figures and data on international migration as per Objective 1. This would lead them to review their policies in order to base them on real data and to adopt a well-argued discourse that would influence public opinion.
Implementation and monitoring of the Global Compact
States would undertake to implement a national policy in line with the objectives of the Global Pact for Migration.
The IOM's role would be recognised and should be strengthened within this framework (§41), while the High-Level Dialogue will change its name and will take place in 2022, 2026 and 2030 for adoption of a joint declaration (§44). Alternately, a regional migration forum will be set up every four years, starting in 2020.
Challenging current practices
It is necessary to question the limits that such commitments would bring to States' current migration practices. This questioning of current practices may or may not be explicit in the document, and does not come within the headings but rather within the proposed measures.
Respect for migrants' fundamental rights: Objective 7 calls on States to review practices that could increase migrants' vulnerability (21 b), including measures to prevent migrants from falling into an irregular status in destination countries (21 g).
Border controls: If border practices are not formally challenged, States would nevertheless commit themselves to "saving lives" and respecting fundamental rights. They would thus have to challenge current practices, such as return to territorial waters of departure and criminalisation of humanitarian assistance (22 a).
Returns and readmission: One of the concrete actions proposed would be to take into account the circumstances that may influence an expulsion order, such as the risk of torture or other irreparable harm (35 e). Special attention should be paid to the situation in the country of return and reintegration conditions (35 f).
Criminalisation: The document states that a person who crosses a border irregularly is not a criminal (23 d). It also calls on States not to criminalise trafficked persons (24 g).
Detention: The document calls on States to review their detention policies and practices in order to respect international law, but also to put an end to the practice of child detention (13 g).
IV. Red lines
The objectives and measures proposed in this document are generally positive and support the promotion and protection of migrants' human rights. However, they leave room for interpretation, and civil society will remain vigilant regarding certain elements:
National sovereignty is one of the ten principles that underpin the establishment of the Global Pact for Migration: States retain the right to decide who enters and stays in their territory by establishing admission criteria.
This is implied in the rest of the document, through the establishment of bi/multilateral agreements that are necessary in some cases: information sharing (17 b); consular representation (28 c); recognition of equivalent training and skills (32 c); training partnerships (32 f); portability of social protection (36 c).
Civil society must stress that this national sovereignty will always be conditional on respect for fundamental rights such as the right to asylum, the right to respect for private and family life, and the prohibition of inhumane and degrading treatment. Therefore, they should allow access to their territory to guarantee these rights.
Use of statistical tools and databases
Objective 1 of the document is to gather and use reliable and detailed information, which form the foundation of policies based on objective realities. In its eight paragraphs, it proposes the establishment by each country of a unified tool for the gathering and sharing of statistical and personal information, including modification of national censuses to gather information on the detailed situation of migrants in their host countries.
The shared use of personal information and databases recurs in this document:
Objective 3: Creation of a database that identifies migrants (17 e)
Objective 4: Provide all migrants with international and country of residence identity documents, and enable sharing of biometric data (18 c)
Objective 11: Strengthen border cooperation to identify migrants (25b)
Objective 21: Strengthen cooperation to identify and return persons without residence permits by mobilising all biometric and other means (35 b), and ensure that authorities have access to the documents of returned migrants (35 c) in order to ensure their safe and dignified return.
These accumulated provisions closely supervise each migrant, as the document's declared aim is to constantly improve their situation. They always specify that they will be subject to a strict code of ethics. It is important to remain vigilant, as possible abuses in the use of this type of personal information may even compromise migrants' safety.
Civil society should be very demanding with regard to the necessary safeguards, and ensure that the statistics made available are not used for negative purposes, such as return to countries of origin or providing support for conditional development aid.
Distinction between migrants and refugees
The document provides for strong action to be taken to effectively and rapidly distinguish between migrants and persons who will be granted refugee status as per Objective 12. As access to rights for everyone is fundamental, civil society must ensure that this distinction is not used to thwart it.
Moreover, the two Global Compacts have been drawn up separately and without any reciprocal mention. It is vital to ensure their complementarity.
Limited legal migration channels
The legal migration channels open to migrants are mainly considered from the perspective of labour market opportunities and requirements in host countries. More broadly, the entire set of measures advocated by the Global Compact could lead to the establishment of selected migration mechanisms, whereby only migrants whose professional qualifications meet the labour market needs of destination countries would be accepted. In any case, we must strongly insist on the protection of forced migrants (19 f) and family reunification (19 g).
 “Its authority rests on its consensual nature, credibility, collective ownership, and joint implementation” and “No State can address migration alone” (§5; §13)
 “We acknowledge our shared responsibilities to one another as Member States of the United Nations
to address each other’s needs and concerns over migration, and an overarching responsibility
to protect the human rights of migrants and promote our security and prosperity” (§10)
 “The Global Compact is guided by international human rights law and standards. By implementing the actionable commitments herein, we ensure effective respect, protection and fulfilment of the human rights of all migrants, regardless of their status, across all stages of the migration cycle” (§13)
 “Discussions about international migration at global level are not new” (§2) “This Global Compact is a milestone in the history of the global migration dialogue” (§4)
 “It is with this sense of common purpose that we take this historic step, fully aware that the Global Compact for Safe, Orderly and Regular Migration is a milestone, but not the end to our efforts. We commit to continue the multilateral dialogue at the United Nations through a robust follow-up and review mechanism, ensuring that the words in this document translate into actions for the benefit of millions of people in every region of the world” (§12)
 Secours Catholique – Caritas France also endorses the recommendations made by international civil society in "Ten Acts" (http://www.madenetwork.org/ten-acts) and by the Migrants and Refugees Section of the Dicasastery for Promoting Integral Human Development in "20 Action Points" (https://migrants-refugees.va/fr/20-action-points-for-the-global-compacts)
 “We commit to create conducive political, economic, social and environmental conditions for
people to lead peaceful, productive and sustainable lives in their own country and ensure that desperation and deteriorating environments do not compel them to seek a livelihood elsewhere” (§16)
 “We commit to develop non-discriminatory policies in order to provide migrants, regardless of their migration status, access to and ensure delivery of basic social services, including health care, education, housing and social protection” (§29)
 “We commit to assist migrant workers at all skills levels to have access to social protection and profit from the portability of social security entitlements and earned benefits in their countries of origin or when they decide to take up work in another country” (§36)
 “We commit to adapt options and pathways for regular migration in a manner that reflects demographic and global labour market realities, optimizes education opportunities, reunites families, and facilitates access to protection in emergency situations” (§19)
 “We recognize that it can be a source of prosperity, innovation and sustainable development in our globalized world” (§6) “This Global Compact recognizes that migration works for all when it takes place in a well-informed, planned and consensual manner” (§11)
 “We must empower migrants to become full members of our societies, highlight their contributions, and promote inclusion and social cohesion” (§11)
 “We commit to take the necessary steps to bring our national actions and cooperation frameworks at all levels in line with the objectives and actionable commitments herein, taking into account our countries’ specific migration realities and priorities” (§38)